PRAMOD KALITA Vs. SUNANDA DEKA

JUDGEMENT

(1.) Heard Mr. P.P. Baruah, the learned counsel for the appellants and Mr. D. Choudhury, the learned counsel appearing on behalf of the respondents.

(2.) This is an application under Sec. 100 of the Code of Civil Procedure, 1908 (for short, the Code) against the judgment and decree dtd. 3/10/2002 passed in Title Appeal No. 3/2002 by the Court of the Civil Judge, (Senior Division), Barpeta whereby the judgment and decree dtd. 21/12/2001, passed in Title Suit No. 2/2000 by the Court of the Civil Judge, (Junior Division), Bajali at Pathsala was reversed thereby allowing the appeal.

(3.) This appeal was admitted on 25/4/2003 by formulating two substantial questions of law which are quoted herein under:-